That he asked the Court to hold that the act of penetration was consumed on a girl who was constant in her statements; that his responsibility is unquestionable; that the materiality of the touching is evident; that the abduction of minor is also evident for having been withdrawn from the attention of her grandmother to be abused; That, in conclusion, he requested the confirmation of the decision; Considering that counsel for the civil party observed that both … and her grandmother were consistent in their statements; that in matters of rape there is no testimony because it is in an isolated place that this happens; that the jurisdiction bases on elements of appreciation; That … clearly and precisely described the facts; That when she went to buy charcoal, … preferred to sell to everyone before the girl; That she clearly described the scene of the rape; That the black trousers and red panties described by the girl were found at the home of the accused; That the accused denied the facts which are undisputable; That he sold charcoal, bread with tuna fish, and a watch; That to conclude his pleadings, he solicited the Court to confirm, the decision and the appreciation of the public interest; Considering that in order to declare … alias … guilty of raping a girl of 13 years, pedophilia and abduction of a minor, the first judges ha presumed that, considering rape, besides medical certificate, the victim has constantly designated the accused as the perpetrator of the offence; that she clearly described his outfit on the day of the offence and inevitably maintained that the latter led her behind his shop before undressing and raping her, and then gave her lollipop and intimidated ordered not to talk about it to anyone, and that the accused only made systematic denials to the clear and precise accusations of the victim; That for the count of pedophilia, it was considered that it is common ground that …, by penetrating …, less than 16 years old, committed on the latter acts related to fondling or touching for sexual purposes referred to in Article 320 bis of the Penal Code; That with regard to the abduction of a minor, the judges considered that the victim was taken away from the authority of her parents and held back against her will and that of her parents, in violation of article 348 of the penal code; Considering that by deliberating, as they did, the first judges made an objective assessment of the facts of the case and a proper application of the law; That in fact, the constant, clear and precise declarations of the victim, which coincide with the data of the investigation, lead to a greater conviction that the systematic and clumsy denials of the accused … alias …; That it is appropriate, in view of the foregoing, to declare the appeal of the accused unfounded and to confirm the judgment entered in all its provisions; Considering that it is appropriate, moreover, to condemn … to pay the costs. FOR THESE REASONS, Deliberating publicly, on the basis of counter-argumentation, in criminal matter and as last resort; 5